Legal Opinion

Jack R. Mayer and Jessie E. Mayer v. National Missile and Electronics, Inc.

Court of Appeals for the Ninth Circuit

Decided January 10, 1964No. 18624PublishedCited by 12 opinions

1Opinion of the Court

DUNIWAY, Circuit Judge.

As long ago as 1915, in an opinion by Judge Morrow in Hamilton Trust Co. v. Cornucopia Mines Co., 9 Cir., 223 F. 494, this court stated:

“It is a fundamental rule of appellate jurisdiction that every person desiring to appeal from a decree must be interested in the subject-matter of the litigation, and the interest must be immediate and pecuniary and not a remote consequence of the judgment. The interest must be substantial, and a merely nominal party to an action cannot appeal. The interest must also be subsisting, for although a party may have an appealable interest at…

2Cases cited4 opinions

  1. United States v. Adamant Co. And Four Other CasesCourt of Appeals for the Ninth Circuit · 1952
  2. In Re Michigan-Ohio Bldg. CorporationCourt of Appeals for the Seventh Circuit · 1941
  3. Hamilton Trust Co. v. Cornucopia Mines Co.Court of Appeals for the Ninth Circuit · 1915
  4. Margaret De Korwin, Etc. v. The First National Bank of Chicago, Etc., the First National Bank of Chicago, Trustee, Etc. v. Samuel A. RinellaCourt of Appeals for the First Circuit · 1956

3Cited by12 opinions

  1. Libby, McNeill, & Libby v. City National BankCourt of Appeals for the Ninth Circuit · 1978
  2. Allstate Insurance Company v. Wayne CountyCourt of Appeals for the Sixth Circuit · 1985
  3. Blassie v. Kroger Co.Court of Appeals for the Eighth Circuit · 1965
  4. Libby v. City National BankCourt of Appeals for the Third Circuit · 1979
  5. United States v. Little Joe Trawlers, Inc., Jerry Daughton, IntervenorsCourt of Appeals for the First Circuit · 1986

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